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The D.C. Court of Appeals on Friday granted the Trump administration’s petition for mandamus relief and vacated the district court’s order to initiate contempt proceedings against administration officials for violating an injunction of deportation flights to El Salvador. Judges Gregory G. Katsas and Neomi Rao issued concurring opinions noting ambiguity in the district judge’s order and criticizing the lower court decision for “exceed[ing] the court’s authority.” In dissent, Judge Cornelia T.L. Pillard wrote that the majority does “a grave disservice by…upend[ing] efforts to vindicate the judicial authority that is our shared trust.” (Interim Order Applications.) (Order.) (Opinions.) (NYT.) Chris Geidner argued that the case may proceed en banc. (Law Dork.)
The D.C. Court of Appeals on Friday vacated a district court order that the government provide a means for the more than 250 Venezuelan migrants deported to El Salvador to challenge their removals. The court found that an agreement between the US and Venezuela transferring the class members back to their home country constituted a “fundamental change in circumstances” meriting remand. (Order.) (WaPo).
The Second Circuit on Friday rejected the government’s motion to substitute the United States as a party in the defamation action against President Trump by E. Jean Carroll, on the basis that Trump was acting in the scope of his official duties when he made the underlying statements. The three-judge panel ruled per curiam that the belated motion was time-barred by the Westfall Act and could “deprive Carroll of any opportunity to pursue her claims.” (Opinion)
The EPA cancelled contracts with federal unions on Friday pursuant to a March executive order instructing agencies to end collective bargaining agreements. The decision follows an order from the Ninth Circuit last week permitting federal agencies to move forward with the order while “refrain[ing] from terminating collective bargaining agreements until litigation has concluded.” (NYT.)
The Trump administration on Friday opened an investigation into Harvard University’s compliance with federal funding obligations relating to how it procures and maintains patents (NYT.)
The president ordered the Defense Department to use military action at sea and on foreign soil against Latin American drug cartels to stop the flow of fentanyl and other illicit drugs into the US.. (NYT.)
The Justice Department on Friday opened investigations into New York Attorney General Letitia James for bringing a civil lawsuit against President Trump and his business, among other causes. The department also authorized investigations into allegations of mortgage fraud by James and California Sen. Adam Schiff of California. (WSJ.)
Scott Roehm and Rebecca Ingber discussed new Congressional resolutions that would require the administration to disclose to Congress any agreements between the US and six different countries relating to transfer of individuals to these countries and measures taken to ensure humane conditions of confinement. (Just Security.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Perdomo: The government filed an application on August 7 to stay a federal district court order preventing federal immigration officials in Los Angeles and six other California counties from conducting detentive stops based on the following factors, according to the application: “[1] apparent race or ethnicity; [2] speaking in Spanish or accented English; [3] presence at a location where illegal aliens are known to gather; and [4] working or appearing to work in a particular type of job.”
National Institutes of Health, et al. v. American Public Health Association, et al.: The government filed an application on July 24 to stay a federal district court order that prevented the National Institutes of Health from canceling grants that, according to the administration, are related to DEI and “gender ideology.” The American Public Health Association filed a response in opposition to the government's application for a stay on August 1. The government filed a reply in support of the application for a stay on August 4.